The Consumer Product Safety Improvement Act (CPSIA) of 2008 became effective February 10, 2009.  According to this new federal regulation, children’s toys and child care articles cannot contain more than 0.1% of three specified phthalate esters (DEHP, DBP, BBP) and toys that can be placed in a child’s mouth and child care articles cannot contain more than 0.1% of three additional phthalates (DINP, DIDP and DnOP).  The law affects large to very small manufacturers and retroactively applies to products held in inventory. 

Phthalates are a group of chemicals (oily, colorless liquids) that are used primarily to make vinyl and other plastics soft and flexible.  A “Toy” is a product intended for a child 12 years of age or younger for use when playing. “Child Care Articles,” include products that a child 3 and younger would use for sucking or teething, feeding, and sleeping including crib mattresses.

Under the CPSIA, companies must immediately tell the Consumer Product Safety Commission if they learn of a children’s toy or child care article that exceeds the new phthalates limits.  CPSIA also prohibits the export for sale of children’s products that exceed the limits.

As announced January 30, the Commission approved a one year stay of enforcement for certain testing and certification requirements for manufacturers and importers.  The 'stay' only provides limited relief.  Manufacturers and importers of children's products don’t need to test or certify to these new requirements, but they still need to meet the lead and phthalates limits.  As recently pointed out by Carter Keithley, president of the Toy Industry Association, Inc., “The testing and certification requirements are deferred for one year, but compliance with the new CPSIA standards begins in just over a week…and the only way to demonstrate this compliance is through testing” http://www.toyassociation.org.  Download BAA’s News Brief on the CPSIA and phthalates here.

Don’t wait.  Let BAA test your toy and child care products for phthalates now and sell with the confidence that you’re in compliance with CPSIA.